hpgwaiver

Maui's Private Guide is a dba of

Hawaiis Private Guides LLC

ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT

(“Agreement”)

Hawaiis Private Guides LLC, 83a Kahele Place, Kihei, Hawaii, 96753

(“HPG”)

TOURS: Any and all tour activities booked through HPG and any other activity as fully described below, on the island of Maui, Hawaii

(the “Tours”)

Tours booked through HPG may involve serious risk of injury. I understand that by signing this Agreement, I am giving up the right to sue if I am injured while participating in any Tours on the island of Maui, Hawaii. Parents/Guardians of minors under 18 years must sign this Agreement.

Please complete one (1) Agreement for each Participant.

In consideration for permitting Participant to participate and/or attend (“participate”) in any driving, sightseeing, swimming, snorkeling, hiking, climbing and all related activities that occur or may occur during a tour (collectively “Tours”) on the island of Maui, Hawaii. I hereby understand that the Tours can be physically dangerous to my person, third parties and property and agree:

Assumption of Risk: Participant (and Parent(s) or Legal Guardian(s) if Participant is a minor) hereby acknowledges and agrees that Participant is in good health, has not been advised against such Tours by a healthcare professional, and in proper physical and mental condition and not under the influence of alcohol or any illicit or prescription drugs that may in any way impair Participant to safely participate in the Tours. Tours may be physically rigorous and Participant warrants he/she possesses the sufficient level of skill and physical fitness for safe participation in the Tours. Participant further acknowledges and agrees that there are certain inherent risks and dangers associated with the Tours that could result in physical, psychological, or emotional injury, paralysis, death, or damage to Participant or third parties, and that, except as expressly set forth herein, Participant, knowingly and voluntarily accepts and assumes responsibility for each of these risks and dangers, and all other risks and dangers that could arise out of, or occur during, Participant’s participation in the Tours. Such risks and injuries may include, and are not limited to:

• Slipping and falling, collisions, unexpected failure of natural environment, over-exertion, and sustaining lacerations or contracting any illnesses from contact with the natural environment and/or other participants;

• Muscle strains, pulls, tears, broken bones, head, neck and/or spine injuries, surfers’ myelopathy, drowning, blackout, and other bodily injuries and illnesses;

• Equipment failure and/or malfunction or misuse of HPG’s or others’ equipment which may result in injury;

• Variation in terrain, wind, temperature, and water conditions, including but not limited to waves, currents, shore break, tides marine life, blowing sand, trees, rocks, other persons and their equipment, and other natural and man-made hazards;

• HPG’s own negligence and/or the negligence of others, including but not limited to, operator error and instructor/guide decision-making including misjudgment of ocean conditions, weather, equipment or obstacles;

• Exposure to the elements and temperature extremes that may result in heat exhaustion, heat stroke, sunburn, hypothermia, and/or dehydration; and

• First Aid, emergency treatment or services rendered or failed to be rendered.

Participant’s participation in the Tours constitutes an acknowledgment that all elements of a Tour has been described and carefully considered and that Participant accepts the same as being safe and reasonable and Participant is suited for the purpose of such participation.

Release and Waiver: Participant (and Parent(s) or Legal Guardian(s) if Participant is a minor) hereby RELEASES, WAIVES, DISCHARGES AND AGREES NOT TO SUE Hawaiis Private Guides LLC, the County of Maui, the State of Hawaii, or any subsidiaries, heirs or assignees thereof, and each of them, their members, owners, principals, directors, officers, employees, insurers, agents, volunteers, and any and all other persons and entities acting in any capacity on its behalf (collectively, the “Releasees”), from and for any and all liability resulting from any personal injury, accident or illness (including death), and/or property loss, however caused, arising from, or in any way related to, Participant’s participation in the Tours, except for those caused by the willful misconduct, gross negligence or intentional torts of the Releasees, as applicable. Participant further RELEASES, WAIVES, DISCHARGES AND AGREES NOT TO SUE Releasees on behalf of Participant’s spouse, legal partner, children, parents, guardians, heirs, descendants, assigns, next of kin, personal representatives and estate, and all other persons and entities from any and all damages, actions, causes of action, demands, rights, claims, costs, loss of services, expenses, injuries and compensation whatsoever which the Participant now has or which may hereafter accrue on account of or in any way arising out of the participation in the Tours or the presence or access of Participant on the island of Maui, Hawaii.

Indemnification and Hold Harmless: Participant (and Parent(s) or Legal Guardian(s) if Participant is a minor) also hereby agrees to INDEMNIFY, DEFEND AND HOLD the Releasees HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities including, but not limited to, attorney’s fees, arising from, or in any way related to, Participant’s participation in the Tours, except for those arising out of the willful misconduct, gross negligence or intentional torts of the Releasees, as applicable.

Term and Expiration: This Agreement shall be effective as of the date this Agreement is signed and shall remain in effect until the earlier to occur of (i) the date of Participant’s final day of participation; or (ii) December 31st of the calendar year this Agreement is signed. Participant shall sign a new Agreement annually, if necessary.

Removal: Participant (and Parent(s) or Legal Guardian(s) if Participant is a minor) agrees at all times while participating in the Tours, to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices. Participant understands and agrees that he/she may be removed from or restricted from participation in the Tours at any time if: (i) Participant’s behavior at the Tours, in the sole discretion of Releasees, is deemed at any point to be disruptive or combative, or may or does cause damage to any person, property or county and/or state property; or (ii) for any other lawful reason.

Permission to Use Likeness/Name: Participant hereby irrevocably grants to Hawaiis Private Guides, its subsidiaries, affiliates, successors, assigns and anyone acting under the authority or permission of any of them (collectively described as “HPG and Affiliates”), a right to Participant’s portrait, picture, likeness, or voice or any or all of them in a recording, television production, videotape production, film strip, still photograph, social media post (i.e. Facebook, Instagram, YouTube, Twitter), online video and/or video clip, or otherwise, (all individually and collectively referred to as “Media”) without compensation, as it relates to the Tours. Participant hereby grants to HPG and Affiliates the right to make originals of, copyright, use and reproduce any and all Media for any lawful purpose, in any form or manner including, without limitation, in connection with the distribution, advertising, promotion, commercial tie-in or other ancillary exploitation, by all means now known or hereafter devised throughout the world. Furthermore, Participant hereby consents to the Media being used, in whole or in part, distorted in character or form in conjunction with Participant’s own name or fictitious name. Participant hereby irrevocably waives all right of inspection or approval and agrees that such Media and all reproductions thereof, including, but not limited to plates, negatives or other exposed film connected therewith, are and shall remain the property of HPG and Affiliates.

Severability: Participant (and Parent(s) or Legal Guardian(s) if Participant is a minor) expressly agrees that the foregoing Assumption of Risk, Release and Waiver of Liability and Indemnity Agreement is intended to be as broad and inclusive as is permitted by the law of the State of Hawaii, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

Consent to Medical Care: If Participant is injured or becomes ill while participating in any Tours, Participant (and Parent(s) or Legal Guardian(s) if Participant is a minor) consents to receive any medical treatment necessary and acknowledges and agrees that Releasees are under no legal obligation to render assistance to Participant and any medical assistance provided to Participant shall be at Participant’s expense.

Acknowledgment of Understanding: Participant (and Parent(s) or Legal Guardian(s) if Participant is a minor) has read, understands and fully agrees to the terms of this Assumption of Risk, Release and Waiver of Liability and Indemnity Agreement and that this Agreement supersedes any prior written or oral agreements concerning the subject matter. The provision of this Agreement will continue in full force and effect even after the termination of the Tours conducted on the island of Maui, Hawaii, whether by agreement, by operation of law, or otherwise. Participant (and Parent(s) or Legal Guardian(s) if Participant is a minor) understands and confirms that by signing this Agreement, Participant (and Parent(s) or Legal Guardian(s) if Participant is a minor) has given up considerable future legal rights that Participant (and Parent(s) or Legal Guardian(s) if Participant is a minor) may otherwise have to recover damages for injuries or losses. Participant (and Parent(s) or Legal Guardian(s) if Participant is a minor) has signed this Agreement freely, voluntarily, under no duress or threat of duress, and without inducement, promise or guarantee being communicated to Participant (and Parent(s) or Legal Guardian(s) if Participant is a minor). As the Parent or Legal Guardian of the Participant, the undersigned represents to the Releasees he/she has the legal capacity and authority to act for and on behalf of the Participant The signature below is proof of Participant’s (and Parent(s) or Legal Guardian(s) if Participant is a minor) intention to execute a complete and unconditional ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT of all liability to the full extent of the law.

Please select who will be participating...

Adult Minor(s) Adult and Minor(s)
1 Minor 2 Minors 3 Minors 4 Minors 5 Minors More Minors 6 Minors 7 Minors 8 Minors 9 Minors 10 Minors

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First Participant's Name

First Name*

Last Name*

First Participant's Date of Birth*

I certify that I am 18 years of age or older

First Participant's Age

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Enter the name of the person who booked the tour*

First Participant's Signature*

Second Participant's Name

First Name*

Last Name*

Second Participant's Date of Birth*

Second Participant's Age

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Third Participant's Name

First Name*

Last Name*

Third Participant's Date of Birth*

Third Participant's Age

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Fourth Participant's Name

First Name*

Last Name*

Fourth Participant's Date of Birth*

Fourth Participant's Age

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Fifth Participant's Name

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Last Name*

Fifth Participant's Date of Birth*

Fifth Participant's Age

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Sixth Participant's Name

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Sixth Participant's Date of Birth*

Sixth Participant's Age

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Seventh Participant's Name

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Last Name*

Seventh Participant's Date of Birth*

Seventh Participant's Age

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Eighth Participant's Name

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Eighth Participant's Date of Birth*

Eighth Participant's Age

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Ninth Participant's Name

First Name*

Last Name*

Ninth Participant's Date of Birth*

Ninth Participant's Age

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Tenth Participant's Name

First Name*

Last Name*

Tenth Participant's Date of Birth*

Tenth Participant's Age

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11 Participant's Name

First Name*

Last Name*

11 Participant's Date of Birth*

11 Participant's Age

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Parent or Guardian's name Email Address

A signed copy of this waiver will be sent to the email address you provide.

Emergency Contact

Emergency Contact's Name*

Emergency Contact's Phone Number*

Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.

Parent or Guardian's name Name

First Name*

Last Name*

Parent or Guardian's name Date of Birth*

I certify that I am 18 years of age or older

Parent or Guardian's name Age

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Enter the date of your tour*

Enter the name of the person who booked the tour*

Parent or Guardian's name Signature

Electronic Signature Consent*

By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.

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